Can harsh pre-sentence incarceration conditions provide mitigation apart from and beyond the 1.5:1 credit referred to in s. 719(3.1)?
Ontario, Canada
The following excerpt is from R. v. Ferguson, 2017 ONCJ 257 (CanLII):
[22] R v. Summers counsel suggested that in the appropriate circumstances, particularly harsh pre-sentence incarceration conditions can provide mitigation apart from and beyond the 1.5:1 credit referred to in s. 719(3.1). In considering whether any enhanced credit should be given, the court will consider both the conditions of the pre-sentence incarceration and the impact of those conditions on the accused.
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